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There are currently no known outstanding effects for the Health (Miscellaneous Provisions) Act (Northern Ireland) 2008, SCHEDULE 1.

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(b)at the end insert “ ; and cases in which representations are made that the third condition for disqualification is met are referred to below as unsuitability cases ”

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(i)performs, undertakes to provide or assists in providing only services specified (or of a description specified) in the condition;

(ii)undertakes an activity (or course of activity) of a personal or professional nature, or refrains from conduct of a personal or professional nature, so specified (or of a description so specified).”.

(3) In paragraph 4(5), after paragraph (a) insert—

“(aa)vary any requirements to which the person subject to the inquiry is subject under or by virtue of Article 57G, 61F, 62A or 63AA;”.

5 In paragraph 5(4) (construction of references to Health and Social Services Board)—N.I.

(a)after “providing” insert “ , or as the case may be performing, ”;

(b)for “any corresponding authority” substitute “ a reference to any authority which ”; and

(c)at the end add “ would be entitled to request a review corresponding to that mentioned in that sub-paragraph ”.

6—(1) Paragraph 7 (disqualification provisions in Scotland or England and Wales) shall be amended as follows.N.I.

(2) In paragraph 7(1), for the words from the beginning to “question,” substitute—

“Where—

(a)under or by virtue of any provisions in force in Scotland or England and Wales corresponding to the provisions of this Schedule, a person is disqualified for inclusion in all lists prepared under or by virtue of—

(i)those provisions so in force, or

(ii)provisions so in force corresponding to the provisions of Part VI of this Order,

of persons performing, undertaking to provide, approved to assist in providing or approved to perform any of the services mentioned in paragraph 1(8), then,

7 In paragraph 8(2) (regulations: inquiry into more than one category of case), for “both an efficiency case and a fraud case” substitute “ an efficiency case and a fraud case or an unsuitability case or any other combination of more than one such category of case ”.N.I.

“(8)Regulations may provide that where a Health and Social Services Board, in accordance with regulations made under Article 57G, 61F, 62A or 63AA, suspends a person from a list prepared under regulations made under the provision in question and the Board applies to the Tribunal for a direction to be made under sub-paragraph (2) in relation to the person to whom the suspension applies, the suspension may continue until the Tribunal determines the application.”.

9 For paragraph 12 (suspension provisions in Scotland or England and Wales) substitute—N.I.

“12—(1)This paragraph applies where it appears to the Department that there is provision in Scotland or England or Wales under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under a provision of this Schedule.

(2)A decision in Scotland or England or Wales to deal with such a person in such a way is referred to in this paragraph as a “corresponding decision”.

(3)If this paragraph applies, the Department may make regulations providing for the effect to be given in Northern Ireland to a corresponding decision; and where the decision corresponds (whether or not exactly) with a decision which may be made under paragraph 4 or (so far as relating to conditional disqualification) paragraph 5 the regulations may provide for the effect to be given to be determined in the prescribed manner by the Department.

(4)That effect need not be the same as the effect of the corresponding decision in the place where it was made.”.

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